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Rebeoca L. Po�lar'd Reg. of Deeds
SK3889 Pa821 -837
AFFIDAVIT OF CORRECTION OF TYPOGRAPHICAL OR OTHER MINOR ERROR
[N.C,G.S.47 -36.11
%Prepared by: Lanier. Fountain & Ceruzzi 114 Old Bridge Street Jacksonville, NC 28540
Each undersigned Affiant, Jointly and severally, being first duly sworn, hereby swears or affirms that the Declaration
of Restrictive Covenants (name or type of original instrument being corrected) recorded on 611312 12
(date) in Rook 3705, Page 624, Onslow County Registry, by and between A. Sydes Copstfuction, Inc.
[original parties] contained the following typographic-ii or other minor error:
Article IX Section S. Stormwater Runoff omits the permit number and the maximum allowable built -upon area per lot
Affiant makes this Affidavft for the purpose of correcting the above - described Instrument as follows:
Article IX Section 5 Stormwater Runoff is hereby amended as follows: The State Stormwater Management Permit
Number is SVV8911109 and the maximum allowable built -upon area per lot Is no more than 5052 square feet.
Aflant Is knowledgeable of the agreement and the intention of the parties in this regard. Affiant is the (check one)
- Drafter of original instrument being corrected
X Closing attorney for transaction involving instrument being corrected
Attorney for grantor /mortgagor named above in instrument being corrected
Owner of the property described in instrument being corrected
Other (Explain; )
A copy of thee original instrument (in part or in hole (_x_) Is 1 (_) is not attached.
Signature of Affiant v`
Print or Type Name; Steve A. Quinn
State of North Carolina County of Q, nslow A „tr........ urn„
Signed and sworn to (or affirmed) before me, this the 28th day
of November, 2012.
Norory Public
My Commission Expires; ° - dnsrowcQUOty
rA aat(P �n
otary Public %'�' 1'rCrAR0
October 3, 2008
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Do B VType � CRP c ID 09B25B
Recorded: 08 13J2011 at 01:57:02 Pri
Fee Amt; $30.00 Page i of 18
Onslow County NO
Rebecca L. Pollard Rag. of Deeds
BK 3795 P,)624 -639
-�>? Prepared by: LANIER, FOUNTAIN & CERUZZI /ami
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
DECLARATION
OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
OF GARDEN'S GATE HOMEOWNERS ASSOCIATION, INC.
THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made on
the date hereinafter set forth by A. SYDES CONSTRUCTION INC., a corporation organized
under the laws of the State of North Carolina with its principal office located In Onslow County,
North Carolina, hereinafter called "Declarant ".
W ITNESSETH:
WHEREAS, the Declarant is the owner of certain property in Richlands Township,
Onslow County, North Carolina, which Is more particularly described as follows;
Being all of Lots as shown on that Final Plat "Garden's Gate A Planned Residential
Development", Richlands Township, Onslow County, North Carolina and recorded in Map
Book 64, Page 78, Onslow County Registry.
NOW, THEREFORE, the Declarant hereby declares that all of the properties described
above shall be held, sold and conveyed subject to the following easements, restrictions,
covenants, and conditions, which are forth purpose of protecting the value and desirability of,
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and which shall run with, the real property and be binding on all parties having any right, title
or interest in the described properties or any part thereof, their heirs, successors and assigns
and shall Inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to GARDEN'S GATE
HOMEOWNERS ASSOCIATION, INC., its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or
more persons or entitled, of a fee simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such interest merely as security for the
performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property
hereinbefore described, and such additions thereto as may hereafter be brought within
the Jurisdiction of the Association.
Section 4. "Eligible First Mortgage Holder" shall mean any holder of a first
mortgage, who files with the secretary of the association, notice, that they are holding a
mortgage on the lot.
Section 5. "Common Area" shall mean all real property (including the improvements
thereto) owned by the Association for the common use and enjoyment of the Owners.
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Section 6. "Lot' shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Properties with exception of the Common Area.
Section 7. "Declarant" shall mean and refer to A, SYDES CONSTRUCTION, INC.,
its successors and assigns if such successors and assigns should acquire more than one
undeveloped Lot from the Declarant for the purpose of development.
ARTICLE II
PROPERTY RIGHTS
Sectionl. Owner's Easements of Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Area which shall be appurtenant to and shall
pass with the title to every Lot, subject to the fallowing provisions;
a. The right of the Association to suspend the voting rights and right to use
of the recreational facilities, if any, by an Owner for any period during
which any assessment against his Lot remains unpaidi and for a period
not to exceed sixty (60) days for any infraction of its published rules and
regulations; and
b. The right of the Association to dedicated or transfer all or any part of the
Common Area to any public agency, authority, or utility for such purposes
and subject to such conditions as maybe agreed to by the members. No
such dedication or transfer shall be effective unless and instrument
agreeing to such dedication or transfer signed by two- thirds (2/3) of
each class of members and fifty -one (519) of the mortgage holders has
been recorded.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with
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the By -Laws his right of enjoyment to the Common Area and facilities to the
members of the family, his tenant, or contract purchasers who reside on the property.
Section 3. Parking Rights. Ownership of each Lot shall entitle the Owner or Owners
thereof to the use of rot less than two (2) automobile parking spaces, which shall be located
on the Lot together with the right of ingress and egress in and upon said parking area. The
Association shall insure not less than two (2) vehicle parking spaces for each dwelling.
Section 4, Common Control Areas. The Association shall govern any and all
repairs, replacements, and maintenance of the Common Control Areas.
Section 5. Entrance Maintenance. The Association shall maintain in an orderly
fashion all traffic islands and entrances which are landscaped or upon which improvement may
be placed on any road within the subdivision.
ARTICLE Ill
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is subject to assessment shall be
a member of the Association. Membership shall be appurtenance to and may not be separated
from ownership of any Lot which is subject to assessment.
Section 2. Voting Riahts. The Association shall have two(2) classes of voting
membership:
Class A. The Class A member(s) shall be all Owners, with the exception of the
Declarant, and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall
be exercised as they determine, but in no event shall more than one vote be cast with respect
to any Lot.
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Class B. The class B member(s) shall be the Declarant and shall be entitled to three
(3) votes for each Lot owned. The Class B membership shall cease and be converted to Class
A membership on the happening of either of the following events, whichever occurs earlier:
a. Within One Hundred Twenty Days (120) when the total votes
outstanding in the Class A membership is seventy-five (75%)
percent of the total votes outstanding in the Class B membership, or
b. On the fifth anniversary of the conveyance of a Lot or other parcel
within the development.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assesments. The Declarant,
for each Lot owned within the Properties, hereby Covenants, and each Owner of any Lot by
acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed
to covenants and agree to pay the Association: (1) Annual assessments or charges, and (2)
Special assessments for capital improvements, such assessments to be established and
collected as hereinafter provided. The annual and special assessments, together with interest,
costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing
lien upon the property against which each such assessment is made. Each such assessment,
together with interest, costs and reasonable attorney's fees, shall also be the personal obligation
of the person who was the Owner of such property at the time when the assessment fell due.
The personal obligation for delinquent assessments shall not pass to his successors in title
unless expressly assumed by them.
Section 2. Purpose of Assessment. The assessments levied by the Association shall
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be used exclusively to promote the recreation, health, safety, and welfare of the residents in
the Properties and for the improvement and maintenance of any Common Area; and for the
improvements and maintenance of any Common Control Area to include the maintenance of
any roadway until the maintenance of the roadway is accepted by the North Carolina
Department of Transportation and the supervision of all wetlands as designated on the plat.
In addition, sums shall be collected and amassed to establish a capital account for capital
Improvements and repairs to the properties.
Section 3. Maximum Annual Assessment. Until January t of the year immediately
following the conveyance of the first Lot to an Owner, the maximum annual assessment shall
be One Hundred Fifty and 00/100 Dollars ($150.00) per Lot and may be paid quarterly,
semi - annually or annually as determined the Association.
a. From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual
assessment may be increased each year not more than ten (10 %)
percent above the maximum assessment for the previous year
without a vote of the membership.
b. From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual
may be increased above ten (10 %) percent by a vote of two- thirds
(2/3) of each class of members who are voting in person or by proxy,
at a meeting duly called for this purpose.
C. The Board of Directors may fix the annual assessment at an amount not
in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a special
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assessment applicable to that year only for the purpose of defraying, in whole or in part, the
cost of any construction, reconstruction, repair or replacement of a capital improvement upon
the Common Area, including fixtures and personal property related thereto, provided that any
such assessment shall have the assent of two -third (2/3) of the votes of each class of
members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4.
Written notice of any meeting called for the purpose of taking any action authorized under
Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty
(60) days in advance of the meeting. At the first such meeting called, the presence of
members or of proxies entitled to cast fifty (50 %) percent of all votes of each class of
membership shall constitute to a quorum. If the required quorum Is not present, another
meeting may be called subject to the same notice requirement, and the required quorum at the
subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No
such subsequent meeting shall be held more than (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must
be fixed at a uniform rate for all Lots and shall be collected on a monthly basis. However,
notwithstanding this section or any other section contained herein, Declarant shall not be
obligated to pay any assessment provided the Lot is unoccupied and has not been deeded by
Declarant.
Section 7. Date of Commencement of Annual Assessments Due Dates. The annual
assessments provided for herein shall commence as to all Lots on the first day of the month
following the conveyance of the Common Area. The first annual assessment shall be adjusted
according to the number of months remaining in the calendar year. The Board of Directors shall
fix the amount of the annual assessment against each Lot at least thirty (30) days in advance
of each annual assessment period. Written notice of the annual assessment shall be sent to
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every Owner subject thereto. The due dates shall be established by the Board of Directors. The
Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by
an officer of the Association setting forth whether the assessments on a specified Lot have been
paid. A properly executed certificate of the Association as to the status of assessments on
a Lot Is binding upon the Association as of the date of its issuance.
Section S. Effective of Nonpayment of Assessments; Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date shall bear interest from the due
date at a rate of ten (t0 %) percent per annum or such other rate as the Association may
determine. The Association may bring an action at law against the Owner personally obligated
to pay the same, or foreclose the lien against the property. No owner may waive or otherwise
escape liability for the assessments provided for herein by non -use of the Common Area or
abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages, The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of
any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant
to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer. No sale or
transfer shall relieve such Lot from liability for any assessments thereafter becoming due from
the lien thereof.
ARTICLE V
ARCHITECTURAL CONTROL
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No building, fence, wall, exterior modification or other exterior construction or
modification shall be commenced, erected or maintained upon the Properties, nor shall any
exterior addition to or chance or alteration therein be made until the plans and specification
showing the nature, kind, shape, height, materials, and located of the same shall have been
submitted to an approved in writing as the harmony of external design and located in relation
to surrounding structures to topography by the Board of Dlrectors of the Association, or by an
architectural committee composed of three (3) or more representatives appointed by the Board,
In the event said Board, or its designated committee, fails to approve or disapprove such design
and location within thirty (3) days after such plans and specification have been submitted to
it, approval will not be required and this Article will be deeded to have been dully complied with.
ARTICLE VI
USER RESTRICTIONS
Section 1. Land Use and Building Type. No lot shall be used except for residential
purposes. No building shall be erected, placed, altered, placed or permitted to remain on any
Lot other than one single family or duplex townhouse dwelling not to exceed twc(2) stories in
height unless approved by Declarant. Any building erected, placed or altered on any Lot shall
be subject to the provisions of the Article V of this Declaration of Covenants, Conditions and
Restrictlons relating to architectural control.
Section 2. Nuisances. No noxious or offensive activity shall be carried on upon any Lot,
nor shall anything be done thereon which may be or may become an annoyance or nuisance
to the neighborhood.
Section 3. Temporary Structures. No structure of a temporary character, such as a
basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time
a]
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as a residence either temporarily or permanently,
Section 4. Animals. No livestock or poultry of any kind shall be kept or maintained
on any Lot or in any dwelling except that dogs, cats or other common household pets may be
kept or maintained provided that they are not kept or maintained for commercial purposes and
are at all times not a nuisance to other Owners, properly leashed or confined in an approved
area. No other animals shall be allowed without the prior consent of the Declarant. Declarant
may, at its option, assign this right to the Association.
Section 5. Outside Antennas. No outside radio or television antennas in excess of 18
Inches in diameter shall be erected on any Lot or dwelling unit within the Properties unless and
until permission for the same has been granted by the Board of Directors of the Association
or its architectural control committee.
Section 5. Window Coverings. All drapes, curtains, or other similar materials hung at
windows, or in any manner so as to be visible from the outside of any building erected upon
any Lot shall be of a white or neutral background or material.
Section 7. Exterior Lights. All light bulbs or other lights installed in any fixture located
on the exterior of any building or any Lot shall be clear, white or non -front lights or bulbs.
ARTICLE Vii
EASEMENTS
Section 1. Utility and Drainage, Easements for installation and maintenance of utilities
and drainage facilities are reserved as shown on the recorded plat and over the front ten (10)
feet of each lot. Within these easements, no structure, planting or other materials shall be
placed or permitted to remain which may damage or interfere with the installation and
maintenance of drainage, or which may obstruct or retard the flow of water.
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Section 2. Emergency Repairs. The Association is hereby granted a permanent
easement to enter any properties, including any individually owned Lot, for the sole purpose
of effectuating emergency repairs.
Section 3. Ingress and Egress. Each Lot Owner shall have an unrestricted right of
ingress and egress to their Lot. This right shall pass and inure to the benefit of all future Lot
Owners,
Section 4. Encroachment. Any and all encroachments and violations of less than one
foot shall be deemed a minor violation and each Owner of the Association shall be deemed
to have granted an easement appurtenant to the violating Lot for said encroachment.
ARTICLE VIII
INSURANCE AND BONDS
Section 1. Liability Insurance. The Association shall obtain and maintain a
Comprehensive General Liability Insurance policy covering all Common Area, public ways and
other areas that are under its supervision. The policy shall provide coverage of at least
$100,000.00 for bodily injury and property damage for any single occurrence. The premium
for said policy shall be paid by the Association.
Section 2. Fidelity Bond. The Association shall have Fidelity Bonds for anyone who
either handles or is responsible for funds held or administered by the Association, whether or
not they receive compensation for their services. A management agent that handles funds for
the Association shall be covered by its own Fidelity Bond.
Except for Fidelity Bonds that a management agent obtains for its personnel, all other
bonds shall name the Association as an obligee and their premiums shall be paid by the
Association as a common expense.
The Fidelity Bonds shall be In a sufficient amount to cover the aggregate of the following:
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a. the maximum funds that will be in the custody of the Association or its
management agent at any time while the bonds is in force;
b. the sum of three (3) months assessments of all amounts in the project;
C, all reserve funds of the Association.
Section 4. Notice to Association and Mortgagors. All insurance policies and bonds must
include a provision that calls for ten (10) days written notice to the Association and each holder
of a first mortgage before the bond or insurance can be canceled or substantially modified for
any reason.
ARTICLE IX
GENERAL PROVISION
Section 1. Enforcement. The Association, or any Owner, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or by any Owner to enforce any covenant or restriction herein
contained shali in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severabilii . Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way effect any other provisions which shall remain in full
force and effect.
Section 3. Document Availability. The Association shall have current copies of the
Declaration, 6y -Laws, and other rules concerning the project as well as its own books, records
and financial statements available for inspection by Lot Owners or by holders, insurers and
guarantors of first mortgages that are secured by Lots and improvements within the
development. These documents shall be available during normal business hours and under
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other reasonable circumstances.
There shall be an annual audited statement prepared each year with copies made
available to the Lot Owner, and any holder, insurer or guarantor of any first mortgage that Is
secured by a Lot within the development any lot owner or holder insures or guarantees any
eligible first mortgage may at their expense obtain an audited statement.
Section 4. Condemnation, Destruction or Liquidation. The Association will be deemed
to represent the Owners in any losses or proceeds from condemnation, destruction or liquidation
of all or a part of the Common Areas and shall have the authority to negotiate, settle and
otherwise make agreements on behalf of all Lot Owners and any and all sums payable shall
be distributed to each of the Lot Owners in equal shares. However, all first mortgage holders
shall be given ten (10) days notice prior to any disbursements to the Lot Owners.
Section S. Storm Water Runoff. The following covenants are intended to ensure ongoing
compliance with State Stormwater Management Permit Number 9 11111 , as issued by
the Division of Water Quality under NCAC 2H.1000. The State of North Carolina is made a
beneficiary of these covenants to the extent necessary to maintain compliance with the
stormwater management permit. These covenants are to run with the land and be binding on
all persons and parties claiming under them. The covenants pertaining to stormwater may not
be altered or rescinded without the express written consent of the State of North Carolina,
Division of Water Quality. Alteration of the drainage as shown on the approved plan may not
take place without the concurrence of the Division of Water Quality.
The maximum allowable built -upon area per lot is no more than 05 A square feet;
This allotted amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of -way between the front lot line and the edge of the pavement.
Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone,
slate, and coquina, but does not include raised, open wood decking, or the water surface of
swimming pools.
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Projects that are meeting density limits by limiting the number of dwelling units to 2 per
acre, shall record the following restriction: The project shall not construct in excess of 4r"
dwelling units . The property may not be further subdivided and the property may not contain
more than the permitted number of dwelling units.
Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings, is strictly prohibited by any persons.
Each lot will maintain a 6 foot wide vegetated buffer between all
impervious areas and surface waters and areas designated as wetlands. All roof drains shall
terminate at least O feet from the mean high water mark of surface waters
and areas designated as wetlands,
If permeable pavement credit is desired, the property owner must submit a request, with
supporting documentation, to the permittee and receive approval prior to construction fo the
permeable pavement.
Nothing in these covenants shall prohibit Declarant from exceeding density limits through
permits properly obtained through State Stormwater Rules, which may include engineered
systems. Any of the provisions of this instrument may be amended, modified or terminated
to comply with stormwater rules now or hereafter adopted by the State of North Carolina by
an instrument in writing executed by Declarant, its successors or assigns.
Section 6. Wetlands. The areas shown on the recorded plat of Garden's Gate as
recorded in Map 63 Book 231, Onslow County Registry, as conservation orwetlands areas shall
be maintained in perpetuity In their natural or mitigated condition. No person or entity shall
perform any of the following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
C. construct or place any roads, trails, walkways, buildings, mobile homes, signs,
utility poles or towers, or any other permanent or temporary structures
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d, drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant Is intended to ensure continued compliance with the mitigation condition
of a Clean Water Act authorization issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, Action ID, and therefore may be enforced by
the United States of America. This covenant is to run with the land, and cannot be
amended without the written consent of the U.S. Army Corps of Engineers, and shall
be binding on the Owner, and all parties claiming under it.
Section 7. Limitation on Ability to Self and Lease. No Lot Owners right to sell, convey,
transfer or mortgage his Lot shall be restricted. However, no Lot shall be leased for less than
thirty (30) days.
Section 8. Mortpapee Approval. The following actions will require the prior written
approval of at least fifty -ore (51%) percent of the eligible mortgage holders: Annexation of
additional property, other than contained herein, dedication of Common Area, and amendment
of the Declaration of Covenants, Conditions and restrictions.
Section 9. Amendment. The covenants and restrictions of this Declaration shall run with
and bind the land, for a term of thirty -five (35) years from the date of this Declaration is
recorded, after which time they shall be automatically extended for successive periods of ten
(10) years. This Declaration may be amended during the first twenty (20) year period by an
instrument signed by not less than sixty -seven (679) percent of the Lot Owners, and therafter
by an instrument signed by not less than fifty (50%) percent of the Lot Owners. However,
the Declarant is empowered to make such amendments as may be necessary to comply with
the Veterans Administration requirement for loan guarantees within the properties. All material
changes, including any transfer of the common area shall require not less than 30 days advance
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notice as well as notice to all eligible first mortgage holders. Any amendment must be
recorded. As long as there is Class B Membership, the Veterans Administration and /or the
Federal Housing Administration shall have the right to veto amendments to the Declaration.
( IN WITNESS WHEREOF, the Declarant hereto has set their hand and seal this the
9 0 day of 4w.�
A. SYDES CONSTRUCTION INC,
a North Carolina corporation
Y +ice
Leah P. Quinn, Assistant Secretary
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I, a Notary Public in and for said County and State, certify that Leah P. Quinn personally
came before me this day and acknowledged that she is Assistant Secretary of A. Sydes
Construction Inc., a corporation, and that she, as Assistant Secretary, being authorized to do
so, executed the foregoing on behalf of the corporation.
d11�
Witness my hand and official seal, this --S— day of *er,G1! +�
wy
iSOrotY Penite
pnstow Go�niY
dt-�b-
ry Public
My commission expires:
!: \cllents \aa- stvbdlvlslons \garden's gate\restricdve covenants #I.dacx
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